sentatives of the United States of America in congress assembled, That the executive department, denominated the department of foreign affairs, shall hereafter be denominated the department of state, and the principal officer shall hereafter be called the secretary of state.

(Sect. 2.) And be it further enacted, That whenever a bill, order, resolution, or vote, of the senate and house of representatives, having been approved and signed by the president of the United States, or not having been returned by him with his objections, shall become a law, or take effect, it shall forthwith thereafter be received by the said secretary from the president: and whenever a bill, order, resolution, or vote, shall be returned by the president with his objections, and shall, on being reconsidered, be agreed to be passed, and be approved by two thirds of both houses of congress, and thereby become a law or take effect, it shall, in such case, be received by the said secretary from the president of the senate, or the speaker of the house of representatives, in whichsoever house it shall last have been so approved; and the said secretary shall, as soon as conveniently may be, after he shall receive the same, cause every such law, order, resolution, and vote, to be published in at least three of the public newspapers printed in the United States, and shall also cause one printed copy to be delivered to each senator and representative of the United States, and two printed copies, duly authenticated, to be

sent to the executive authority of each state; and he shall carefully preserve the originals, and shall cause the same to be recorded in books to be provided for the purpose.

(Sect. 3.) And be it further enacted, That the seal heretofore used by the United States in congress assembled, shall be, and hereby is declared to be, the seal of the United States.

(Sect. 4.) And be it further enacted, That the said secretary shall keep the said seal, and shall make out and record, and shall affix the said seal to all civil commissions to officers of the United States to be appointed by the president, by and with the advice and consent of the senate, or by the president alone. Provided, That the said. seal shall not be affixed to any commission, before the same shall have been signed by the president of the United States, nor to any other instrument or act, without the special warrant of the president therefor.

(Sect. 5.) And be it further enacted, That the said secretary shall cause a seal of office to be made for the said department, of such device as the president of the United States shall approve, and all copies of records, and papers, in the said office, authenticated under the said seal, shall be evidence equally as the original record, or paper.

(Sect. 6.) And be it further enacted, That there shall be paid to the secretary, for the use of the United States, the following fees of office, by the persons requiring the ser

vices to be performed, except when they are performed for any officer of the United States, in a matter relating to the duties of his office, to wit; For making out and authenticating copies of records, ten cents for each sheet containing one hundred words; for authenticating a copy of a record, or paper, under seal of office, twenty five cents.

(Sect. 7.) And be it further enacted, That the said secretary shall, forthwith after his appointment, be entitled to have the custody and charge of the said seal of the United States, and also of all books, records, and papers, remaining in the office of the late secretary of the United States in congress assembled; and such of the said books, records, and papers, as may appertain to the treasury department, or war department, shall be delivered over to the principal officers in the said departments, respectively, as the president of the United States shall direct.

(Approved September 15, 1789.)

This Act was supplemented by the following:

Resolved, That it shall be the duty of the Secretary of State to procure, from time to time, such of the statutes of the several states as may not be in his office.

(Approved, September 23, 1789.)

And so much of the Act of July 27, 1789, as

related to an Acting Secretary was changed by the following:

And be it further enacted, That in case of the death, absence from the seat of government, or sickness, of the Secretary of State, Secretary of the treasury, or of the secretary of the war department, or of any officer of either of said departments, whose appointment is not in the head thereof, whereby they cannot perform the duties of their said respective offices, it shall be lawful for the President of the United States, in case he shall think it necessary, to authorize any person or persons, at his discretion, to perform the duties of the said respective offices until a successor be appointed, or until such absence, or inability by sickness shall cease.

(Approved May 8, 1792)

This was, in its turn, modified in 1795.

Be it enacted, etc., That, in case of vacancy in the office of Secretary of State, Secretary of the Treasury, or of the Secretary of the Department of war, or of any officer of either of the said departments, whose appointment is not in the head thereof, whereby they cannot perform the duties of their said respective offices, it shall be lawful for the president of the United States, in case he shall think it necessary, to authorize any person or persons, at his dis

cretion, to perform the duties of the said respective offices, until a successor be appointed or such vacancy be filled: Provided, That no one vacancy shall be supplied, in manner aforesaid, for a longer term than six months.

Approved, February 13, 1795.

Early in June, 1789, while the old Department of Foreign Affairs still existed, Washington wrote to Jay, asking for "some informal communication from the office of Secretary for Foreign Affairs;"* and, after the new Department was formed, and had been enlarged into the Department of State, Jay continued at its head, although his nomination was not sent to the Senate, and he held no commission as Secretary of State. In view of the opinion expressed by Jefferson soon after he entered upon the duties of Secretary of State, it may be doubted whether Jay did not become Secretary of State in the natural course of events, although he never received a formal appointment to the office.

*Correspondence and Public Papers of John Jay, III, 369.

† See p. 67.